A person who, with malice, does not present the closed will, which may be in his possession, within the period fixed in the second paragraph of the foregoing section, shall, besides incurring the liability mentioned therein, lose all right to the inheritance, if entitled to it by reason of being an heir ab intestato or as a testamentary heir or legatee.
The same penalty shall be incurred by those who maliciously abstract the closed will from the residence of the testator or of the person who has it in custody or on deposit, and by those concealing, tearing, or rendering it useless in any other manner whatsoever, without prejudice to the proper criminal liability.
History —Civil Code, 1930, § 663.